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This is a discussion on AHMSI, late payments (NOT) and insurance within the Option One Mortgage - American Home Mortgage Servicing forums, part of the Stop Foreclosure and Tell Us Your Story category; I am getting ready to go after AHMSI. They bought this mortgage from Citi earlier this year.
Citi consistantly had ...
I am getting ready to go after AHMSI. They bought this mortgage from Citi earlier this year.
Citi consistantly had me down as having late payments (charged late fee's, etc) and AHMSI has picked up the ball with this. They are trying to pin me with well over $2000 in fee's. I have always sent my payments via overnight USPS. The USPS has researched all of delivery dates and times.... they were delivered on time. I am picking up documentation from the USPS tomorrow on this. So I will have that on my side.
ALSO.....I pay the fire insurance on my own, quarterly. The mortgage does not require insurance escrow. This past spring AHMSI paid it for the year and then tacked the premiums amount on to my payments. I have bucked them on this, they have changed the terms of the loan. They do not budge.
I requested (respa) copies of loan docs earlier this year. They sent my only some of them and said that the rest of the docs are for their records only and I am not allowed to have them. The original mortgage started with Ameriquest and the original docs have notations by me of things that where not correct per the original agreement. Those are some of the documents they withheld from me. I want to have them so I can have an attorney go over the docs for errors.
I intend to sue them in small claims court on these issues, separately. We have a $5000 cap in small claims here is Minnesota.
I don't think they can withhold any of your loan docs. Try googling "mortgage loan audits" and do some reading about this topic. There is probably some threads on this site about this topic as well.
I am getting ready to go after AHMSI. They bought this mortgage from Citi earlier this year.
Citi consistantly had me down as having late payments (charged late fee's, etc) and AHMSI has picked up the ball with this. They are trying to pin me with well over $2000 in fee's. I have always sent my payments via overnight USPS. The USPS has researched all of delivery dates and times.... they were delivered on time. I am picking up documentation from the USPS tomorrow on this. So I will have that on my side.
ALSO.....I pay the fire insurance on my own, quarterly. The mortgage does not require insurance escrow. This past spring AHMSI paid it for the year and then tacked the premiums amount on to my payments. I have bucked them on this, they have changed the terms of the loan. They do not budge.
I requested (respa) copies of loan docs earlier this year. They sent my only some of them and said that the rest of the docs are for their records only and I am not allowed to have them. The original mortgage started with Ameriquest and the original docs have notations by me of things that where not correct per the original agreement. Those are some of the documents they withheld from me. I want to have them so I can have an attorney go over the docs for errors.
I intend to sue them in small claims court on these issues, separately. We have a $5000 cap in small claims here is Minnesota.
Am I on the right track? Any advice?
… Am I on the right track?..
Mostly: Yes. But to allow late charges from Citi to continue piling up unchallenged was not a good thing.
AHMSI attacked me in the very same manner through Escrow, although I had no record of late charges prior. Their insurance office bundled my changes of insurance so I told them to cancel escrow and I would pay for my own charges. They did not respond, instead they started adding more charges onto the escrow account and tagged that to my mortgage payment. When I refused to pay for these bogus fees, they reported me for late payments.
I also noticed a serious lag period between my payment mailings and the dates they claimed to receive it. I immediately switched to Certified with RR. That put an end to this scam and it sounds as if Citi was doing the same to you if you were sending your payments in a timely manner.
Make sure that you document the unethical behaviour of both Citi & AHMSI from the start if you can, that means proof of payment mailings/delivery, proof of insurance payments, proof of property taxes payment if one was due in that period and you paid it. If the original loan docs were amended, you need them too and a letter from an attorney will get a better response from RESPA. You can also address your request to the Estate Division of City Hall where the is located. They may have those records, if not, they will tell you where to apply.
Collect all these and make two copies of every document: one for you and one to send to the “Home Preservation Unit: of AHMSI in Irving TX. This last batch is the one that you need to mail first since you cannot legally fight another party until you have presented them with your detailed complaint and given a reasonable period to respond. (State that period in your cover letter)
One thing:
From now on, do not try to settle anything by phone, only by mail. You will need proof of everything, use only certified mail with RR and save all returned receipts as well as your letters. It is tedious but vital to prevail in court if you decide to go “Pro Se” (Self representation)
If you have an attorney, he/she is probably taking care of that already. Bear in mind that AHMSI will probably be represented by at least one counsel and it may be hard for you to have a fair hearing under these conditions.
Unfortunately, as I have learnt the hard way, the Law and Justice are two different matters. It should not be, but it is a fact that we have live with.
All the very best.
Did you go after them? I would be interested in getting more input from you on this matter.
Thanks!
Yes wrkghard, I did it on my own for the first 9 months. I send them proof that all their accusations were lies, I warned them that I was going to file complaints with the FTC and the three major bureaus for false reporting, and I demanded to be contacted only in writing since they had proven themselves to be untrustworthy. They called every hour from 9 AM until 8PM, for three weeks. I did not hear it because I had blocked their numbers, but I had a nice list of calls on my caller ID screen to scan & add harassment to the mounting evidence.
They did not reply to my letters but sent threatening "foreclosure" warnings including one from their attorneys. At this point I hired my own to respond.
I had so many documents in evidence to prove their bad faith and lies that within two weeks they were negotiating. At this point I took over. I sent a letter to AHMSI CEO David Friedman with a copy to Jeanne Drake - VP Home Preservation Dept. When her office called back, it was to settle. At that point, all the calls were confirmed by fax and the dialog was polite and civilized at last.
Like many such organizations they have a tiered system of customer relations which are mostly dead ends. It is only when you prove to them that you know your rights and you will expose their game that you start being treated seriously.
I hope that this brief road map will help you in tracing your own to a similar conclusion.
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